Raul Sainz-Rivera, A091 684 104 (BIA Mar. 10, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1)—which criminalizes driving under the influence after one’s license has been suspended, canceled, revoked, refused or restricted—is not a categorical crime involving moral turpitude. The Board determined that the statute is not divisible in light of Descamps v. United States, 133 S. Ct. 2276 (2013), because “driving” and being in “actual physical control” of a vehicle are alternative means of committing the offense, not alternative elements as to which jurors must unanimously agree. The decision was written by Member Roger Pauley and joined by Member John Guendelsberger and Member Anne Greer.

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Index of Unpublished Decisions of The Board of Immigration Appeals (2024 edition)

This Index contains links to more than 5,000 unpublished BIA decisions selected for

Ramon Garcia-Fonseca, A075 535 094 (BIA June 5, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) was not inadmissible

Irma Yadira Murillo-Ayala, A078 964 772 (BIA June 3, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an in

Karla Figueroa Briceno, A095 084 539 (BIA May 30, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings at